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SPRINGER:Just for clarification, at this point, do I understand the Deputy <br />Corporation Counsel correctly that heÓs recommending that thereÓd be no experts <br />qualified as experts? <br />GIFFIN:Mr. Torigoe? <br />TORIGOE:Yeah, I think, because this is an administrative hearing where strict <br />rules in evidence do not apply; and if we start drawing lines between expert testimony <br />and non-expert testimony, especially in this case, that can become very contentious and <br />could end up with you excluding certain opinions. Because if you decline somebody or <br />deny somebody expert status and they start offering opinions, then, you know somebody <br />could then argue that because heÓs not expert or sheÓs not expert, he/she should not be <br />giving opinions. And we donÓt want to get into that position. <br />GIFFIN:No. <br />TORIGOE:But we do want to allow reasonable opinions to be given in an <br />administrative hearing and we do want to have full cross-examination of those opinions. <br />SPRINGER:May I ask another question? <br />GIFFIN:Yes. <br />SPRINGER:So for consistency sake as well as the opinion the Deputy <br />Corporation Counsel has just given, again, nobody will be entered an expert witness? <br />TORIGOE:That would be my recommendation. And I think thatÓs especially <br />to protect the Intervenors because, you know, their experts probably will not have or may <br />not have the kind of academic training that some people may thin <br />expert. But, nevertheless, you know, their opinions, if theyÓre based on reasonable <br />experience and training of, thatÓs relevant, certainly it should be respected by the panel. <br />SPRINGER:Thank you. <br />GIFFIN:YouÓre welcome. Mikahala? <br />ROY:Ms. Giffin, if I understood the Corporation Counsel who expressed <br />that this would be in consideration of, in fact, IntervenorsÓ behalf, I would say that, <br />definitely, in light of the subject material being of Hawaiian heritage and culture, that <br />which the Planning Commission members, with the exception of one, do not have <br />expertise in, that you would allow cultural experts to be established for the record. ItÓs <br />clear that at stake here is the CountyÓs upholding of statutes, Hawai`i statutes, for the <br />protection of Hawaiian heritage and culture. So I would raise the idea that we would <br />have the right to have such experts qualified and our experts would not need qualification <br />in the, in the sciences that are being spoken of here. <br />7 <br /> <br />